relation: https://digilib.uin-suka.ac.id/id/eprint/77000/
title: NARASI HUKUM ATAS KLAIM HARTA BERSAMA PADA PERKARA CERAI GUGAT (STUDI TERHADAP ISI GUGATAN PEREMPUAN DALAM PUTUSAN PENGADILAN AGAMA SRAGEN)
creator: Dyah Erie Shinta Putri, NIM.: 24203011076
subject: 346.01 Hukum Keluarga - Hukum Pernikahan
description: The problem of this research stems from the vulnerability and disadvantage  of women in unequal household relationships, particularly in economic access and  the fulfillment of post-divorce rights, including joint property. This condition  encourages women to develop strategies through legal and social narratives  presented in court. This research uses two decisions as a database, namely Decision  Number 1496/Pdt.G/2024/PA.Sr and Decision Number 1713/Pdt.G/2023/PA.Sr. In  the first decision, the wife as the plaintiff filed a joint property claim simultaneously  with the divorce suit, while in the second decision, the defendant filed a joint  property claim through a counterclaim, although the woman remained the party  who initiated the divorce. The focus of this research is not on analyzing the  decisions, but rather on how women strategize in constructing narratives regarding  joint property claims. This research seeks to read these narratives not only as  expressions of individual experiences, but as forms of strategy manifested through  actions and negotiations of women's rights amidst unequal household relationship  structures through the articulation of the constructed narrative.  This research is a library research with the object of study being Decision  Number 1496/Pdt.G/2024/PA.Sr and Decision Number 1713/Pdt.G/2023/PA.Sr,  which is descriptive-analytical in nature. The approach used is empirical juridical  with secondary data sources based on primary law in the form of the two selected  decisions and from secondary law. Data collection was carried out through  interview and documentation techniques, while data analysis used content analysis  methods.  The results of the study show that women's narrative strategies regarding  claims for joint property in divorce cases can be seen from 3 (three) aspects, namely  the rules (rules), resource (resources), and duality of structure (duality of structure).  Research findings indicate that the narratives constructed by women have been  shown to significantly influence the outcome of the division of joint assets. The  narratives constructed and the strength of their bargaining position are determined  by strategic capabilities based on material facts, concrete experiences, and adequate  evidence. Thus, justice in the division of joint assets is not only determined by legal  norms, but also by women's narrative strategies. Meanwhile, the legal findings of  the Panel of Judges in deciding cases of division of joint assets in divorce cases  found that protection for women is not automatically granted because it depends on  how the judge reads the case from the strategy displayed through the narrative  constructed. In this case, the judge does not move with one pattern. The judge  moves contextually to achieve substantive justice, in other conditions the judge  remains committed to a normative approach to maintain legal certainty.
date: 2026-05-26
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/77000/1/24203011076_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/77000/2/24203011076_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Dyah Erie Shinta Putri, NIM.: 24203011076  (2026) NARASI HUKUM ATAS KLAIM HARTA BERSAMA PADA PERKARA CERAI GUGAT (STUDI TERHADAP ISI GUGATAN PEREMPUAN DALAM PUTUSAN PENGADILAN AGAMA SRAGEN).  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.